I think it is, last year I almost changed my mind not getting the 335i because the price sucks and I asked for deposit, the dealer only said that they will sent the deposit to me through mail.
But finally I got my 335i..LOL..

Fwiw, when I ordered my car (335i w/6MT) and provided my $1000 deposit (dealer in CA) it said on the paperwork that it was non-refundable. Not sure if its legally binding though. They originally wanted a lot more ($2500) claiming if I backed out they would have a lot of trouble selling my car because its 6MT.

deposit is always refundable... its a deposit on buying goods, if you don't buy the goods, you don't have to pay them anything... (unless you signed something saying its a NON REFUNDABLE deposit but even the shadiest of dealers wouldn't try to pull that stunt).

they'll probably give you a run around about it and cut you a check 4 weeks later and mail it to you but you should get it back one way or another.